What is the difference between 1st degree forgery and 4th degree in the state of geogia

Asked almost 2 years ago - Atlanta, GA

my brother wanted to know the difference because he was charged with 1st degree in one county and now s being charged with 4th in another

Attorney answers (1)

  1. Chinwe N. Foster

    Contributor Level 8

    1

    Lawyer agrees

    Answered . According to O.C.G.A. ยง 16-9-1,

    Forgery 1st Degree - A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.

    Forgery 4th degree - A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:
    (1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
    (2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

    Forgery in the 1st degree is a Felony, and your brother is facing 1 to 15 years for that charge. Forgery in the 4th degree is a misdemeanor, and your brother faces up to 12 months (unless it is a 3rd conviction of misdemeanor forgery, then he faces 1 to 5 years).

    If he hasn't already done so, I would strongly suggest that your brother retain an attorney to represent him on these charges.

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